SC to decide Sarwar Alamgir’s MP status, parliament participation Wednesday

The Appellate Division of the Supreme Court will deliver its order on Wednesday (July 29), regarding the parliamentary membership and participation of BNP candidate Sarwar Alamgir in the 13th National Parliament from the Chattogram-2 constituency.

A bench led by Chief Justice Zubayer Rahman Chowdhury set the date on Tuesday (July 28), after concluding the hearing on an appeal filed by his rival candidate from Jamaat-e-Islami.

The upcoming verdict will determine whether Sarwar Alamgir can participate in parliamentary sessions as a Member of Parliament.

Earlier in July, the High Court upheld his candidacy. Following the court's order, the Election Commission formally declared him elected and published the gazette.

Following an appeal on the verdict seeking to restrain him from attending parliamentary sessions after taking the oath on July 19, the Appellate Division conducted a re-hearing on the matter today. Following the proceedings, the court fixed Wednesday for the final order, which is expected to clarify the legal status of Sarwar’s status as an MP.

Earlier, the High Court declared the Election Commission's decision retaining Sarwar Alamgir’s candidacy illegal. Muhammad Nurul Amin, the Jamaat-backed candidate from Chattogram-2, subsequently appealed to the Supreme Court seeking a stay on the High Court verdict and an injunction to prevent Sarwar from attending parliamentary sessions until the appeal is disposed of.

On Monday (July 27), a four-member bench of the Appellate Division led by the Chief Justice had fixed Tuesday for the verdict following the initial hearings.

Advocates Ahsanul Karim and AM Mahbub Uddin Khokon represented Sarwar Alamgir in court, while Advocates Mohammad Shishir Manir and Azim Uddin Patwary appeared for Nurul Amin.

Background of the case

After the returning officer initially validated Sarwar Alamgir’s nomination, Nurul Amin appealed to the Election Commission (EC) alleging that Sarwar was a loan defaulter. On January 18, the EC disqualified Sarwar Alamgir's nomination.

Sarwar challenged the EC's decision in the High Court. On January 27, the High Court stayed the EC order and issued a rule allowing him to contest the election.

Nurul Amin then filed a leave-to-appeal against the High Court order. On February 3, the Appellate Division granted the leave and allowed Sarwar to participate in the election, but directed that the publication of the official election result for the constituency be stayed pending the disposal of the appeal.